Privacy and Cookies Policy

At Aqua Lung, as data controller, we are extremely cautious and concerned by the privacy of our clients and users. We are proud to work hard to ensure that our processing operations comply with all regulations applicable to protect your privacy.

It is important that you understand how we look after your Personal Data (as defined in section 2 below) and how we make sure that we meet our legal obligations to you under the applicable data protection laws (including associated guidance) (the "Data Protection Laws") which include the Data Protection Act 2018 and the General Data Protection Regulation ("GDPR").

The present document applies to the processing activity carried out by us on your Personal Data when you navigate or share Personal Data with us on the Aqua Lung websites:; www.apeksdiving.com, www.aqualung.com, www.aquasphereswim.com, www.michaelphelps.com, www.aqualungsport.com, www.aqualungpartnercenters.com, www.omersub.com and hereinafter, the "Website") and describe the conditions under which your Personal Data is collected and processed by our company on the Website.

1. IDENTITY OF THE CONTROLLER

We are a controller of your information, which means that we are responsible for looking after it. We will use your Personal Data fairly, lawfully and in a transparent manner, and in accordance with the Data Protection Laws.

2. THE PERSONAL DATA COLLECTED ON THE WEBSITE

By using our Website, you will transmit data to us, some of which are likely to identify you ("Personal Data"). This is particularly the case when you fill in forms to contact us. This information shall contain in particular the following data:

Your first name and surname;

Your email address;

Your phone number;

The mandatory or optional nature of the Personal Data requested from you, and the consequences if any of a failure to answer, are specified at the time of data collection with an asterisk (*).

Each time you visit our website, we may also automatically collect information and Personal Data about your computer for system administration including, where available, your IP address, your operating system and browser type and navigation data, as described in the next section below. Please see our cookies policy in sections 8 and 9 of this privacy policy for further information about what information may be automatically collected when you visit our websites.

3. PURPOSES OF THE PROCESSING ACTIVITY OPERATED ON YOUR PERSONAL DATA ON THE WEBSITES

We process your Personal Data through our Websites for the following purposes:

to be able to answer your queries;

to manage and track your orders;

to allow you to participate in interactive features on our websites, our apps, and in relation to our services, when you choose to do so;

to analyze how you use the Website (including behavior patterns and the tracking of visits across multiple devices) to improve our own goods and services;

to establish more about our website users; and

to create and assist us in managing your account, improve your Website experience and ensuring that the Website content is presented in the most effective manner for you and for your computer;

to measure, understand or monitor the effectiveness of advertising, promotions, marketing material and content and any joint initiatives with our affiliates, suppliers, partners, subcontractors and other selected third parties;

to make suggestions and recommendations to you and other users of our Website or services about goods or services that may interest you or them; and

to comply with our legal and regulatory obligations and for the purposes of assisting with the prevention and detection of crime;

to answer your queries related to you rights as described in Section7.

Data Protection Laws require that we meet certain conditions before we are allowed to use your data in the manner described in this privacy policy. To use your Personal Data, we will rely on the following conditions, depending on the activities we are carrying out:

you have given consent to the processing of your Personal Data for one or more specific purposes, in which case you have the right to withdraw your consent for those specific purposes at any time;

the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; and

the processing is necessary for our legitimate business interests, and we consider that the processing is reasonable (without unreasonably intruding on your privacy) to:

provide you with goods and services as requested by you;

to carry out research to understand our customers and how they use our products and services; and

develop and improve our services to you and to our other Website users; and

the processing of your Personal Data is necessary for compliance with a legal obligation to which we are subject.

Purposes

Legal basis

Answer your queries

The legal basis could be either your consent or the performance of the contract

To manage and track your orders

The legal basis is the performance of the contract

Allow you to participate in interactive features

The legal basis is your consent

Administer our websites and for internal operations

The legal basis is our legitimate interests

Analyse how you use the Website

The legal basis could be either your consent or our legitimate interests

Establish more about our website users

The legal basis could be either your consent or our legitimate interests

Assist us in creating and managing your account

The legal basis is the performance of the contract

Measure, understand or monitor the effectiveness of advertising

The legal basis is your consent

Make suggestions and recommendations to you about goods or services that may interest you

The legal basis is your consent

To comply with our legal and regulatory obligations with the prevention and detection of crime

We may share your information with the other members within Aqua Lung and Aqua Lung Affiliates but only for the purposes specified in this privacy policy.

We may disclose your personal information:

to business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you, for example where we use a third party to provide services to enable us to deliver goods and/or services to you;

to analytics and search engine providers and other selected third parties that assist us in the improvement and optimization of our Website;

to our regulators, law enforcement or fraud prevention agencies, as well as our advisors (including legal advisors and auditors), courts, any other authorized bodies, for the purposes of investigating any actual or suspected criminal activity or other regulatory or legal matters etc;

in the event of a merger, acquisition or other similar event, to a prospective buyer or otherwise of our business or assets, in which case we will disclose your personal data to such prospective buyer or otherwise of such business or assets;

if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Aqua Lung and Aqua Lung Affiliates, our customers, or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction; and

to legal advisors and otherwise in connection with legal proceedings in order to enforce or apply our rights under any contract.

We do not share your information with third parties for marketing purposes.

5. WHERE WE STORE YOUR PERSONAL DATA

All information you provide to us is stored on our secure servers, or those of our group, within the European Economic Area ("EEA").
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our websites and apps, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot fully guarantee the security of the Internet during the transmission of your data to our websites; such transmission is at your own risk.

Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access, including keeping security patches up to date wherever possible, and by constantly investigating new ways to keep data secure

Transfers outside of the European Economic Area
The data that we collect from you may occasionally be transferred to, and stored at, a destination outside the EEA, for example to a member of Aqua Lung based in the United States.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

In particular:

We signed Standard Contractual Clauses within Aqua Lung and Aqua Lung Affiliates (an "appropriate safeguard") to ensure an adequate level of data protection;

We control that transfers made by our Data Processors are made in compliance with the GDPR.

6. RETENTION OF YOUR PERSONAL DATA

We will use and/or store your data as long as it is necessary for the purposes listed above.

More precisely: We will keep your personal data for as long as we need it to provide you with your requested service(s) or to meet our commercial or legal obligations. To determine the retention period of your personal data, we consider several criteria to make sure that we do not keep your personal data for long than is necessary or appropriate. These criteria include:

The purpose for which we keep your personal data;

Our legal and regulatory obligations in relation to that personal data;

Whether our relationship with you is ongoing, for example, you have an active account with one or more of our brands, you continue to receive marketing communications,

Whether you are no longer actively participating or engaging with our brands, for example, you do not have an active account, open our emails, visit our websites, or share user generated content;

Any specific requests from you in relation to the deletion of your personal data; and

Our legitimate business interests in relation to managing our own rights, for example the defense of any claims. When we no longer need to retain your personal data, it will be deleted or be anonymized so that you can no longer be identified from it.

7. EXERCISING YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA

Under the GDPR, you have the right to access, to rectify, to restrict and, where applicable, to delete your Personal Data. You also hold the right to data portability.

You may also be entitled, on legitimate grounds, to object to the processing of any Personal Data relating to you.

You have the right to request access to your Personal Data

You have the right to request confirmation that your Personal Data is being processed, access to your Personal Data (through us providing a copy) and other information about how we process your Personal Data.

You have the right to ask us to rectify your Personal Data

You have the right to request that we rectify your Personal Data if it is not accurate or not complete.

You have the right to ask us to erase your Personal Data

You have the right to ask us to erase or delete your Personal Data where there is no reason for us to continue to process your Personal Data. This right would apply if the processed Personal Data are no longer necessary regarding the purposes for which we collected them, where you withdraw your consent for us to process special categories of your Personal Data, or where you object to the way we process your Personal Data (see the section "You have the right to object…" within this table below).

You have the right to ask us to restrict or block the processing of your Personal Data

You have the right to ask us to restrict or block the processing of your Personal Data that we hold about you. This right applies where you believe the Personal Data is not accurate, you would rather we block the processing of your Personal Data rather than erase your Personal Data, where we don need to use your Personal Data for the purpose we collected it for but you may require it to establish, exercise or defend legal claims.

You have the right to port your Personal Data

You have the right to obtain and reuse your Personal Data from us to reuse (in a structured, commonly used and machine readable format) for your own purposes across different services. This allows you to move Personal Data easily to another organization, or to request us to do this for you.

You have the right to object to our processing of your Personal Data

You have the right to object to our processing of your Personal Data on the basis of our legitimate business interests, unless we are able to demonstrate that, on balance, our legitimate interests override your rights or we need to continue processing your Personal Data for the establishment, exercise or defense of legal claims. However, you also have the absolute right to object to our processing of your Personal Data for direct marketing purposes.

You have the right not to be subject to automated decisions

You have the right to object to any automated decision making, including profiling, where the decision has a legal or significant impact on you.

You have the right to withdraw your consent

You have the right to withdraw your consent to our processing of your Personal Data.

You can exercise these rights, with a proof of your identity, by simple written request sent by email to: GDPR-US@aqualung.com

We will respond to any request received from you within one month from the date of the request. If your request is not sufficiently precise or does not include all elements enabling us to answer your request, Aqua Lung may ask you to provide additional elements.

8. COOKIES

We use various cookies on the Website for website analysis and improvement. When you visit our Website, cookies may be placed on your computer or smartphone.

What is a cookie?
A "cookie" is a small text file placed in your browsing software to facilitate your browsing through our Website.

Different types of cookies are placed on the Website:

Technical cookies required to run the Website in the best possible manner. You may refuse and delete, as specified below, these cookies through your browser's parameters, but your user experience will necessarily be disrupted. These technical cookies include:

Session cookies, which allow the ordinary browser session and use of the Website (for instance, allowing the authentication in the personal user area). Session cookies are only set temporarily: when you close the browser, the cookies will be removed;

Functional cookies, which allow the user to browse the Website according to a set of selected criteria (for instance, products selected for the purchase) in order to improve the service provided.

Analytics cookies, aimed at adapting the Website to the users' needs, assessing the number of visits and pages viewed as well as the activity of our users. These cookies help us enhance our services to offer you the best possible user experience.

Third party cookies, used for improving the interactivity of the Website. These third parties shall be deemed as the solely responsible for any infringement of the applicable legislation or contractual obligations, which may result through the use or disclosure of said cookies. Aqua Lung has no access and/or control over the information provided by the cookies of such third parties. This information is completely controlled by the third parties according to their relevant privacy policy. The Website rely on several services offered by third party websites, which include: Sharing buttons (Facebook, Twitter, Google+, Youtube)

List of cookies:

Name

Value

Purpose

cookieconsent_status

allow

Cookies consent status

_fbp

fb.1.1545265380533.33389281

Facebook Pixel

_gat

1

Google Analytics

_gid

GA1.2.21836208.1545265383

Google Analytics

_ga

GA1.2.930307596.1545265383

Google Analytics

9. MANAGEMENT OF COOKIES

During your first visit on the Website, a banner informs you of the use of cookies on the Website and invites you to accept such cookies. The cookies will only be deposited if you accept them or continue your browsing on other web pages of the Website or by selecting an element of the Website (i.e. image, link, logo, search button, etc.), which will be understood as your acceptance of the use of cookies.

You can, at any time, control the cookies used on the Website. Your browser can also be set up to inform you of the cookies placed on your browsing software to ask you to accept them or not. You can accept or refuse the cookies one by one or refuse them systematically. We remind you that the setting of cookies is likely to change the way you access our content and services requiring the use of cookies. Please bear in mind that the removal of certain cookies is likely to change the way you access to our services.

Each web browser has its own cookie management settings. The procedures are described in the Help Menu of the software: